JARVIS TERMS AND CONDITIONS

Thank you for visiting our website. This website is owned and operated by Jarvis. These Terms and Conditions (Terms) govern your use of the Jarvis service available through our website (located at ) and software applications (App) that facilitate the scheduling, management and performance of certain household chores and other errands (collectively, the functionality provided by the Website and App referred to as the "Service").

By accessing and/or using this website, App or other related services, you agree to these terms, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Jarvis.

1. REGISTRATION

You must be a registered member to access certain features on our website.
When you register and activate your account, you will provide us with personal information including your name and contact details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must:

possess the legal right and ability to enter into a legally binding agreement with us; and

agree and warrant to use the website in accordance with these Terms.

2. COLLECTION NOTICE

We collect personal information about you in order to provide you with our services and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us directly as set out in the Privacy Policy.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information on our website or App is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. cleaning AND COMPETITIONS

For certain campaigns, cleaning or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. PURCHASES AND PAYMENTS

You will be responsible for payment of the applicable fees for any Services. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

You may make a range of purchases through our website and App, including Jarvis’ weekly subscription service (Subscription), and other goods and services ordered as part of that subscription (Weekly order), for example the cost of a third party cleaner, groceries, laundry fees and other cost of goods.

Your weekly order carries through to the following week unless otherwise changed. Although we endeavour to make reasonable efforts to confirm your weekly order, including through notifications and reminders, you must pay for any goods and services listed in your account at the time of the weekly lockout on our App (2:00pm the day before we visit your home, or any other time otherwise specified in the App). The weekly order is charged on a weekly basis, and is payable the moment Jarvis incurs the cost of the relevant goods or services.

Your subscription will continue indefinitely until terminated. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “renewal commencement date”) and continue for an additional equivalent period, at the company’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the renewal commencement date by contacting us via email. The subscription cost is payable each week following our visit to your home, and is charged on a weekly basis.

Jarvis acts as an agent in executing third party goods and services purchases. All services and products purchased through Jarvis are non-refundable. You authorise your Jarvis to make purchases on your behalf, including the discretion to select replacement groceries if your exact requested item is not available.

We partner with Stripe to manage payments; by using our Service you agree to provide Stripe with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) and also agree to Stripe's (https://stripe.com/us/terms). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing Stripe with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately update your payment details in Stripe is there is any change in your billing address or the credit card used for payment hereunder. You additionally agree to pay our 3.5% fee on all goods and services purchased on your behalf; this fee is to cover the miscellaneous payment processing fees which we are required to pay our vendors.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

6. Changes and Cancellations

You can cancel or amend a visit by contacting the team, free of charge, up to 48 hours before our visit is scheduled to begin.

If you cancel or amend a visit between 24 and 48 hours before the visit is scheduled to begin, you will have to pay cancellation costs equivalent to 50% of the visit fee. If you cancel or amend a visit within 24 hours before the visit is scheduled to begin, you will have to pay cancellation costs equivalent to the full cleaning fee.

7. Automatic renewal and lock in

Your subscription will continue indefinitely until terminated in accordance with the Terms. AFTER YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD (EACH A “RENEWAL COMMENCEMENT DATE”) AND CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT THE COMPANY’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE RENEWAL COMMENCEMENT DATE BY CONTACTING US VIA EMAIL (help@getjarvis.com.au). If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact us via email (help@getjarvis.com.au).

By continuing with the service after the first visit, you commit to a three month subscription Period; in other words, you will be able to leave the service in three months starting from our second visit. If you cancel your subscription, you may use your subscription until the end of the Subscription Period. If you do not wish for us to come to your home for the remaining period of your subscription, you are not entitled to a pro-rated refund, however the Company may, at its discretion, discount the remaining weeks in your service.

8. Free trials and other starting cleaning

Any free trial or other promotion that provides user access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact the Company to have the charges reversed.

The initial subscription period commences after the completion of any starting trials or cleaning, at the point at which you are sent a notification alerting you of your following visit.

9. Price changes

Jarvis reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Company Properties, by text or email delivery to you, or any other reasonable means of communications.

10. Late payment fees

Failure to provide payment when due may incur late fees. Payments are due and payable the where the subscription fee and/or weekly order fee become payable in accordance with the above terms (in particular see Cl. 5).

The “default date” is defined as the day after the date by which payment of Jarvis’ invoice(s) was due to be made by the Customer to Jarvis.

If Jarvis does not receive the outstanding balance by the default date the Customer will be liable for:

Interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis;
An account keeping fee of $40.00 to be charged at the end of each calendar month after the default date until the outstanding balance has been paid;
Any debt collection or recovery costs incurred by Jarvis; and if Jarvi’s debt collection agency (“the agency”) charges commission on a contingency basis then the Customer shall pay as a liquidated debt the commission payable by Jarvis to the agency, at the agency’s prevailing rate as if the agency achieved one hundred per cent recovery; and
Any charges reasonably made or claimed by Jarvis’ or the agency’s lawyer for legal costs on the indemnity basis.

11. Keys

In order to provide certain Tasks, such as house cleaning or grocery delivery, our Jarvis’ will require access to your residence. Upon registration or request, you agree to provide your Jarvis with a set of keys to your residence, along with any other information reasonably required by your Jarvis, to perform the Tasks. The Company takes reasonable measures to protect the security of all keys provided by you to our Jarvis. EXCEPT AS OTHERWISE STATED HEREIN, EXCLUDING CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATED TO LOST KEYS, ANY UNAUTHORIZED USE OR ACCESS TO YOUR KEYS OR IMPROPER LOCKING OF RESIDENCES.

12. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

13. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website or App, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals

using this website or our App to defame or libel us, our employees or other individuals;

uploading files that contain viruses that may cause damage to our property or the property of other individuals;

posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

14. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

15. Liability

General indemnity

You agree to indemnify Jarvis, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which Jarvis may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of the Terms.

General limitation of liability

We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the Website or app.

Services Liability

To the extent permitted by law, Jarvis will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the services, including but not limited to any cleaning services, ironing, or transport of dry cleaning or groceries through the service.

16. Dispute Resolution Policy

Jarvis will use reasonable endeavours to mediate any dispute concerning the use of the Website, app or service.

Disputes in relation to the Cleaning Services carried out by a Business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.

Any issues with the service must be reported to Jarvis within 24 hours. You must provide us with photos of an unsatisfactory clean within 24 hours of completion.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.